Editorial: Curbing president’s power

Sunday, Nov. 25, 2007 | 1:50 a.m.

Now midway through his fourth six-year term, Senate Majority Leader Harry Reid knows all the Senate's rules, including the rarely used one that allows phantom sessions.

Reid declared this rule to be in effect over the Senate's two-week Thanksgiving holiday - and for good reason. It will prevent President Bush from making key federal appointments without Senate approval.

Phantom sessions, officially known as "pro forma" sessions, last a matter of seconds. They are gaveled open and quickly gaveled closed at least once every three days, with the only senator in the Capitol doing the gaveling.

There is a reason for this ritual. Pro forma sessions relieve the controlling party of having to declare a formal recess. Presidents can take advantage of Senate recesses by making high-ranking appointments that become effective immediately, without the nominees' having to stand for Senate confirmation.

Reid has explained why he did not allow the Senate to be officially adjourned. As the Democratic leader, he makes recommendations to the president on appointments to the Federal Communications Commission, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission and other top agencies, which, by law, must include Democrats.

Reid says President Bush has been stalling on his recommendations. Yet Reid has worked hard in recent months to move more than 40 of the administration's nominees through confirmation hearings, including Attorney General Michael Mukasey.

Reid added that Bush administration officials told him the president was planning to make several appointments during the Senate's Thanksgiving break. Reid said he responded by asking that the president move on his agency recommendations, but received no commitment.

At that point, Reid said, he decided on the pro forma sessions.

We agree with Reid's strong move. It is important for Nevada and the whole country to have fair representation on the Nuclear Regulatory Commission and other federal agencies.

And even though all presidents have used recess appointments, Bush has used them excessively to push through his controversial nominees. Given Bush's extremely low approval rating among voters, his nominees are best vetted through the Senate.